The magazine of the first law school in the Pacific Northwest | Spring 2008 Recent Law Faculty Publications INSIDE THIS ISSUE Willamette’s Clinical Law Program Refocusing on the Jury Trial Lawyer Spring 08_Final.indd 1 4/10/08 10:30:20 AM On the Cover Willamette’s law professors prove they are accomplished and productive members of the academic community. Willamette Lawyer | Spring 2008 ersity iv | n co 26 An Invitation to u Change Judge Janice R. l Wilson BA’76, JD’79 calls l e upon lawyers and judges to e t refocus on the value of the g t jury trial. e e o m f a l l l a i th w w 125 A n n i v e r s a r y 8 | New Law Scholarships Mary K. Hughes JD’74 and her 4 | 125th Anniversary Celebration WUCL plans husband establish a new scholarship 28 | Ending Poverty in Bangladesh a yearlong celebration in honor of the school’s 125th fund for students from Alaska. Third-year student Hadley W. Rose shares highlights of anniversary. her summer internship working with the Grameen Bank in Bangladesh. 25 | Intensive Trial Practice Professor Leroy Tornquist immerses students in the jury trial system. WILLAMETTE’S CLINICAL LAW 16 PROGRAM 30 | Profi les in Leadership Students enrolled in the Clinical Law Program gain valuable Cynthia L. Pevehouse JD’87 and hands-on experience representing real clinic clients. Richard Vial JD’81 refl ect on their successes in business and in life. Lawyer Spring 08_Final.indd 2 4/10/08 10:30:45 AM Spring 2008 • Vol. VIII, No. 1 Dean In This Issue … Symeon C. Symeonides Editor Anne Marie Becka Graphic Design Departments Chris Noud NowDesign Creative Services Dean’s Message 2 Major Events and News Class Action Editor Willamette Leads Northwest in Bar Passage 3 Cathy McCann Gaskin JD’02 The College of Law’s 125th Anniversary Celebration 4 Contributors Recent Law Faculty Publications 5 Linda Alderin New Law Scholarship Funds 12 Mike Bennett BA’70 LRAP Aids Public Interest Lawyers 13 W. Warren H. Binford Class Action 32 Richard Breen Cliff Collins Alumni Events Alex Evans, Class of 2009 Class of 1972 Gathering, Boise and Reno Reunions 38 Cathy McCann Gaskin JD’02 Portland and Seattle Reunions 39 Janine Robben In the Stacks — The Law Reporters 40 Hadley W. Rose, Class of 2008 Janice R. Wilson BA’76, JD’79 Willamette’s Clinical Law Program Photographer Climbing Mountains at Willamette 14 Frank Miller Clinic Teaches Students About Life and the Law 16 Willamette Lawyer is published by Clinic Investigation Leads to Multi-State Lawsuit 21 the College of Law and the Office of Communications for constituents Refocusing on the Jury Trial of Willamette University College of Reaching the Summit 22 Law, the first law school in the Pacific Northwest. Intensive Trial Practice Program 25 An Invitation to Change from Judge Janice R. Wilson 26 Send correspondence to: Willamette Lawyer Profiles in Leadership Willamette University College of Law 245 Winter Street SE Student Spends Summer Working in Bangladesh 28 Salem, OR 97301 Benevolent Traveler: Hadley Rose 29 Legal Biz Whiz: Cynthia Pevehouse 30 This publication is partially supported Reaching Back to Help Others: Richard Vial 31 by contributions to the Law Annual Fund. Copyright © 2008 Willamette University College of Law Lawyer Spring 08_Final.indd 3 4/10/08 10:30:46 AM DEAN’S MESSAGE Dear Alumni and Friends, Excellent teaching has always been the hallmark of Willamette University. This has not changed, nor will it. What has changed is the increasing expectation that, in addition to being good and caring teachers, our professors must be productive scholars, contributing their fair share to the advancement and dissemination of knowledge. Simply put, this is our obligation to the legal profession. Its fulfi llment does not at all detract from our continuing obligation to give our utmost in the classroom. Great teaching and strong scholarship are Dean Symeon C. Symeonides not mutually exclusive; in fact, they go hand in hand. Research and publication sharpen a professor’s knowledge and dexterity in the classroom. This is not an “either/or” proposition. We refuse to choose between being fi ne teachers and productive authors. We can and must be both. As this issue of Willamette Lawyer illustrates, our faculty has met and exceeded this expectation: In the last seven years, the total number of books, articles and other academic writings produced by our faculty has increased by 98 percent over the previous seven-year period. (See page 5 for more details.) Among these publications are seven national casebooks used for teaching in other law schools, 25 treatises or monographs for judges and practitioners, and 180 scholarly articles in law reviews. Through these publications, our 25-member faculty has had a much more infl uential voice than our numbers might suggest. During next year’s celebration of the 125th anniversary of the College of Law, we will honor the past contributions of Willamette’s master teachers — among them Isaac Homer Van Winkle, Roy M. Lockenour, John C. Paulus, Edwin W. Butler, Ross R. Runkel, Claudia Burton, Robert Art and Carlton Snow — who, since 1883, have helped produce some of the best lawyers in the region and the nation. While we honor these great professors, we also should recognize the multiple accomplishments of the master teachers and scholars currently serving on the Willamette law faculty. This issue of the Lawyer is a small testimony to their accomplishments. With my best regards, Symeon C. Symeonides Dean and Professor of Law 2 | Willamette Lawyer Lawyer Spring 08_Final.indd 4 4/10/08 10:30:51 AM MAJOR NEWS Willamette Leads Northwest Schools in Bar Passage 9 Bar Passage in Oregon (First-Timers) Seven years ago, the Willamette law Chart 1: Bar Passage in Oregon Chart 2: Bar Passage in Oregon faculty adopted a series of new and (Five-Year Averages) (First-Timers) more rigorous academic standards 84% 90 WUCL WUCL ALL OTHERS designed to increase the academic 81.8% 82% prowess and achievement of students. 84 80% 86.4% The new measures began producing 84.9% 83.0% signifi cant and immediate results, 78% 77.4% 81.4% as evidenced by our students’ Oregon 78 78.8% 76% Avg. 79.0% heightened success on the Oregon 74.2% 75.9% 74% 75.7% and Washington state bar exams. 75.5% 72 In all fi ve summer Oregon State Bar exams 72% 71.8% administered since 2003, WUCL graduates who 70% took the exam for the fi rst time passed at higher 66 rates than all other exam takers. Equally notable, Bar PassageWUCL in Oregon 68% 68.5% Willamette’s average for the fi ve-year period 11 (First-Timers and Repeaters) Bar Passage in Washington was 13.3 points higher than for the previous 66% 60 Avg. 1998 – 2002 Avg. 2003 – 2007 12 (First-Timers) fi ve-year period. See chart 1. 2003 2004 2005 2006 2007 In 2004, our graduates passed at a rate of 84.9 1 percent — 13 points above the average for all other exam takers. This marked Willamette’s Chart 3: Bar Passage in Oregon Chart 4: Bar Passage in Washington highest margin from the state average since (First Timers and Repeaters) (First-Timers) 1980. In 2007, our passage rate was 86.4 85 84 percent, the second highest margin for the same 27-year period. See chart 2. WUCL 82 WUCL ALL OTHERS 80.8% 80 Wash. Willamette’s second-time takers also have fared 80 Avg. 82.1% 79.2% 78.9% better during the last few years. Since 2004, 78 students who took the Oregon bar exam for the 76 second time have passed at higher rates, which 75 74 helped keep the overall WUCL rate above the 75.9% 75.2% 72 state average. See chart 3. 73.9% 73.3% 70 70 71.8% Willamette graduates have consistently 71.0% 68 exceeded the state average on the Washington 69.6% State Bar exam as well. Our average passage 68.5% 66 WUCL 65 64.7% rate for fi rst-time takers throughout the last 64 four years is 80.8 percent — almost two points 65.1% 62 higher than the state average. See chart 4. Among fi rst-time takers of the 2007 exam, 85.2 60 60 2003 2004 2005 2006 2007 Avg. 2000 – 2003 Avg. 2004 – 2007 percent of WUCL students passed. The state average was 79.8 percent. Spring 2008 | 3 Lawyer Spring 08_Final.indd 5 4/10/08 10:30:55 AM MAJOR EVENTS College of Law Plans 125th Anniversary Celebration iversity n co u l This fall Willamette University College of Law will including the Clinical Law e l t e Program, the Oregon Law g kick off a yearlong celebration in recognition of the t e Commission, and the Center e school’s 125th academic year, 2008–09. o for Law and Government. m f a Founded in the early days of the Oregon Territory, Willamette l l Following the dedication l a i th has long been closely associated with the beginning of law and w ceremony and a day spent w 125 A n n i v e r s a r y government in the region. It housed the fi rst session of the with law faculty and students, Legislature to meet in Salem and served as home to the fi rst court Ginsburg will present the fi rst in the territory under the auspices of the United States. Established lecture in Willamette’s 2008–09 in 1883, Willamette’s law school was the fi rst in the Pacifi c Atkinson Lecture Series, which has welcomed world Northwest and second in the West.